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Curtice Brothers Co. v. Catts | 66 A. 935 (1907)
When a commercial seller breaches a contract with a commercial buyer, the breach may leave the buyer struggling to meet its performance goals and fulfill its own obligations to third parties. If circumstances render it infeasible for the buyer to purchase replacement goods, can courts force the seller to fulfill its contractual obligations? This question regarding the remedy of specific performance in breach-of-contract cases is what we explore in Curtice Brothers Company versus Catts.
Curtice Brothers, a business that canned tomatoes, contracted with James Catts to purchase all of the tomatoes produced on a specified acreage of Catts’s property. The tomato-canning season lasted six weeks. Knowing that its factory had the capacity to pack approximately one million cans during that six-week window, Curtice Brothers engaged in extensive preseason preparations. In addition to securing labor and necessary equipment, Curtice Brothers also entered into multiple contracts, including the one with Catts, to secure an adequate supply of tomatoes to fully utilize the factory’s capacity.
When Catts later breached the parties’ contract by refusing to supply tomatoes, Curtice Brothers filed a suit against Catts in the Court of Chancery of New Jersey, a court of equity, seeking specific performance.
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